   |
|
 |
 |
        |
|
 |
|
|
Frequently Asked QuestionsSee, for example, http://endangered.fws.gov/) 1.What is a habitat conservation plan (HCP)? A Habitat Conservation Plan (HCP) is an endangered species management plan, developed under the federal Endangered Species Act (ESA). The main objective of a HCP is to assure the survival and recovery of the species of concern in the wild, while allowing the incidental “taking” of a species by an otherwise lawful and legitimate activity. A HCP can be developed and implemented by any non-Federal entity. It must be reviewed, approved, and accompanied by a permit issued by the U.S. Fish and Wildlife Service (see Section 10(a)1(B) of the ESA). A HCP must, among other things, minimize and mitigate the taking of a federally listed endangered species. 2. What is a “taking?” “Take” is defined in the ESA as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species. Harm may include significant habitat modification where it actually kills or injures a listed species through impairment of essential behavior (e.g., nesting or reproduction). The U.S. Congress amended Section 10(a) of the ESA in 1982 to allow the “incidental taking” of an endangered species by a non-federal entity, provided that the entity obtains a permit from the U.S. Fish and Wildlife Service (“Service”). Private landowners, corporations, state or local governments, or other non-federal landowners who wish to conduct activities on their land that might incidentally harm (or "take") wildlife that is listed as endangered or threatened must first obtain an incidental take permit from the Service. An incidental take permit allows a property owner to conduct otherwise lawful activities in the presence of listed species, even if the activities may incidentally result in a taking.. A non-Federal entity (e.g., a landowner or local government) develops an HCP in order to apply for an incidental take permit under section 10(a)(1)(B) of the ESA. The HCP integrates the applicant’s proposed project or activity with the needs of the species. It describes, among other things, the anticipated effect of a proposed taking on the affected species and how that take will be minimized and mitigated. The proposed HCP for the Barton Springs-Edwards Aquifer Conservation District will examine groundwater flow and pumping of wells in the Aquifer, and will assess the effects of pumpage during drought on water quantity in the aquifer, the quantity of Springs discharges, and the attendant water chemistry and quality of both. The endangered Barton Springs salamander and the Austin Blind salamander will be studied, as they are listed endangered species and require special attention. The purpose of the HCP is to protect these species and to protect the water supply of the people who are dependent on the Aquifer. The HCP may ultimately influence the District’s management policies on pumpage during times of drought and high water demand. 3. What is the benefit of an incidental take permit and HCP to a private landowner? The permit allows a landowner to legally proceed with an activity that would otherwise result in the illegal take of a listed species. In the case of a regional HCP and permit, all landowners (or in this case, the District’s permittees who operate wells in the Aquifer) would be able to legally proceed to pump their water during times of a drought, under the terms of the permit. The Service also developed a regulation to address the problem of maintaining regulatory assurances and providing certainty to landowners through the HCP process, called the “No Surprises” regulation. 4. How many HCPs have been developed and what size areas do they cover? Both the number of HCPs and the size and complexity of the areas they cover have increased. As of 2005, more than 430 HCPs have been approved, with many more in the planning stage. Most of the earlier HCPs approved were for planning areas of less than 1,000 acres; now 10 exceed 500,000 acres, with several larger than 1,000,000 acres. In some cases, there are more than one incidental take permit associated with a HCP. HCPs are evolving from a process adopted primarily to address single projects to broad-based, landscape-level planning, utilized to achieve long-term biological and regulatory goals. 5. What needs to be in a HCP? The contents of a HCP are defined in section 10 of the ESA and its implementing regulations. They include:
Mitigation measures are actions that reduce or address potential adverse effects of a proposed activity on species covered by a HCP. They should address specific needs of the species involved and be manageable and enforceable. Mitigation measures may take many forms. In the case of terrestrial species that dwell on open spaces of land, mitigation often takes the form of preservation (via acquisition or conservation easement) of existing habitat; enhancement or restoration of degraded or a former habitat; creation of new habitats; establishment of buffer areas around existing habitats; modifications of land use practices, and restrictions. In the case of the salamander species, mitigation may take the form of drought management plans, water conservation plans, aquifer recharge management measures, and the like. 7. What is the role of the Citizens Advisory Committee (CAC) in developing the HCP? The Citizens Advisory Committee (CAC) is created to provide periodic input and critical review of the HCP as it is being prepared, and to evaluate the HCP once it is completed in draft form. The CAC is created in conformance with the Texas Parks and Wildlife Code §§ 83.015-83.016. The recommendations of the CAC are advisory only, but it will have an essential role as a forum for critical review of the HCP. As the District prepares the HCP with the help of a consultant team and other participants over the next two years, it will ask the CAC to provide feedback and advice at various times during the process. 8. What is the role of the Biological Advisory Team (BAT) in developing the HCP? The Biological Advisory Team (BAT) is created to provide biological and other scientific input and critical review of the HCP as it is being prepared, and to evaluate the HCP once it is completed in draft form. The BAT is created in conformance with the Texas Parks and Wildlife Code §§ 83.015-83.016. The recommendations of the BAT are advisory only, but it will have a role in influencing the findings of scientific studies conducted as a part of the HCP and in the outcome of the permit application to the USFWS. As the District prepares the HCP with the help of a consultant team and other participants over the next two years, it will ask the BAT to provide feedback and advice at various times during the process. 9. Who are the players in the HCP process? The HCP is being prepared by several parties, including the following: the District’s staff, a consultant team led by Hicks and Co., the City of Austin, and several other HCP partners. The consultant team includes hydrogeological consultants from LBG-Guyton and Assocs. They will work with the District’s two hydrogeologists, Brian Smith and Brian Hunt, to perform a series of modeling and springflow hydrology and forecasting projects. Also on the team is RECON, from San Diego—one of the nation's leading environmental consultants for preparing regional HCPs. Also on the team is an aquatic biology team from Bio-West Inc. Bio-West will assist in evaluating the vulnerabilities faced by the salamander species and in preparing some of the NEPA documentation. The District's hydrogeology staff will also work with two or three of the City of Austin's hydrogeologists. And the City of Austin's aquatic biology and hydrogeology staff, who are responsible for implementing the City's HCP for the salamander, will be very involved in the project. Hicks and Co., in addition to managing the consultant team, will have a central role in conducting an environmental impact assessment, as required under the National Environmental Policy Act. Kirk Holland is the General Manager for the District, and will act as the grants administrative manager for the HCP. He will also serve as co-project manager with Dr. Kent Butler, for District staff and contractors respectively. They will both be involved in virtually every stage of the project. Members of the District’s Board of Directors will also carefully monitor the progress of the HCP and ultimately receive the draft plan for possible action. Kent Butler is a project coordinator for the HCP, working directly for the District to supervise the consultant team and work with the CAC and the Biological Advisory Team. Raymond Slade is a hydrologist with special expertise concerning the Edwards Aquifer and Barton Springs. He will be a third-party advisor on hydrology and hydrogeology. Sarah Slovak will be assisting Kent in various ways, particularly in the meetings of the CAC. Finally, members of the staff of the U.S. Fish and Wildlife Service and the Texas Parks and Wildlife Department will be involved in administering the grant that funds the HCP and environmental impact assessment, and in reviewing the draft HCP when it is completed. 10. What is the status of the Barton Springs salamander? In 1997, Service added the Barton Springs salamander (Eurycea sosorum) to the list of endangered and threatened wildlife which receive federal protection under the Endangered Species Act. The Austin Blind salamander (Eurycea waterlooensis) is a candidate for federal listing. According to the Service, "The primary threats to this species are degradation of the quality and quantity of water that feeds Barton Springs due to urban expansion over the Barton Springs watershed. Also of concern is disturbance to the salamander's surface habitat in the pools where it occurs.” |
